Makowski v Legal Profession Admission Board [2023] FCA 666

Makowski v Legal Profession Admission Board [2023] FCA 666

The applicant failed to establish a reasonably arguable case that the LPAB's decisions were made because of his disability or constituted unlawful discrimination under the Disability Discrimination Act. No medical evidence was provided showing his disability required a relaxation of the Progression Rules, and the merits of the claim were comprehensively addressed by both the Commission and the LPAB. Accordingly, leave to commence proceedings was refused.

Jurisdiction
Australia
Judgment Date
21 June 2023
Procedural Posture
Application for Leave to Bring Claim Under Australian Human Rights Commission Act 1986 (cth) S 46 PO / Final Determination on the Papers
Outcome
Leave to commence proceedings refused; application dismissed; applicant ordered to pay respondent's costs.
Legal Topics
['disability Discrimination' 'leave to Institute Proceedings' 'educational Authority Discrimination' 'procedural Fairness']
['human Rights' 'administrative Law' 'disability Discrimination'] ['disability Discrimination' 'leave to Institute Proceedings' 'educational Authority Discrimination' 'procedural Fairness']

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Procedural Posture

Application for Leave to Bring Claim Under Australian Human Rights Commission Act 1986 (cth) S 46 PO / Final Determination on the Papers

Legal Issues

  1. 1 ['Whether claims of unlawful discrimination are reasonably arguable and not fanciful' "Whether LPAB's refusal to relax Progression Rules constituted unlawful disability discrimination (direct or indirect)" 'Whether the exclusion from the Diploma in Law course constituted discrimination under Disability Discrimination Act 1992 (Cth)']

Ratio Decidendi

The applicant failed to establish a reasonably arguable case that the LPAB's decisions were made because of his disability or constituted unlawful discrimination under the Disability Discrimination Act. No medical evidence was provided showing his disability required a relaxation of the Progression Rules, and the merits of the claim were comprehensively addressed by both the Commission and the LPAB. Accordingly, leave to commence proceedings was refused.

Court Disposition

Leave to commence proceedings refused; application dismissed; applicant ordered to pay respondent's costs.

Orders

  • ['Leave to make an application under s 46PO of the Australian Human Rights Commission Act 1986 (Cth) is refused.' 'The originating application is dismissed.' "The applicant pay the respondent's costs."]